Can a rural hukou buy a house in the countryside, but can an urban hukou buy a house in the countrys

Is it good to buy a house in the city with a rural hukou?

How not? In our hometown, there are people from other villages who buy houses in this village?

1. According to the relevant provisions of the State Land Management Law, only members of the collective economic organization are eligible to use the homestead land of the organization. Therefore, peasants outside the collective economic organization are not legal purchasers of rural houses and cannot buy houses in other villages.

2. The Land Management Law of the People's Republic of China stipulates that rural homesteads are owned by farmers' collective economic organizations, and only members of such organizations enjoy the right to use homesteads; Rural villagers can only own one homestead per household; Rural villagers who sell or rent their houses and then apply for homestead land will not be approved. Judging from the above provisions, although the law does not prohibit rural villagers from selling or renting out the dwellings built on homesteads, it does impose restrictions on the entities that sell houses.

3. The first party of rural housing sales is generally the villagers of the rural collective economic organization, while the buyer has two situations: one is the internal members of the collective economic organization, and the other is the members outside the collective economic organization.

1. There are three specific situations for the internal members of collective economic organizations:

1) They already have a homestead and meet the homestead standards stipulated by the state;

2) There is a homestead but has not yet reached the standards set by the state;

3) It has settled in a collective economic organization, but has not yet been allocated a homestead. According to the stipulation that a villager can only own one homestead, it is impossible for villagers who already have a homestead and meet the standards set by the state to apply for a homestead again. In the second case above, if the villager applies for a second homestead that exceeds the standard set by the state, it should not be approved.

As for the third case, you can apply for building land in accordance with the law.

2. If it is a member outside the collective economic organization, there will be two situations:

1) Urban residents. According to the second paragraph of Article 2 of the 1999 Notice of the General Office of the People's Republic of China on Strengthening the Administration of Land Transfer and Strictly Prohibiting Land Speculation, it is stipulated that farmers' residences shall not be given to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and relevant departments shall not issue land use certificates and real estate certificates for illegally built and purchased residences.

2) Farmers outside the collective economic organization. According to the relevant provisions of the State Land Management Law, only members of the collective economic organization are eligible to use the homestead land of the organization. Therefore, peasants outside the collective economic organization are not legal purchasers of rural houses.

Legal Analysis: Urban hukou cannot buy a rural house. However, children with urban hukou can inherit the right to use rural houses and homesteads in the names of their parents.

The law stipulates that a peasant's right to use a farmer's homestead land may be inherited by the children of urban household registration in accordance with the law, and the immovable property registration shall be completed. Rural homesteads cannot be inherited alone.

Legal basis: "Regulations on the Implementation of the Land Management Law of the People's Republic of China" Article 6 The competent departments of natural resources of the people's people at or above the county level shall strengthen the construction of informatization, establish a unified basic information platform for land space, implement the information management of the whole process of land management, conduct dynamic monitoring of land use, establish a land management information sharing mechanism with relevant departments such as development and reform, housing and urban-rural construction, and disclose land management information in accordance with the law.

If you are not a rural hukou, you can't buy a rural house, the state has clear regulations, and this is common sense, that is, rural houses cannot be bought and sold at will, especially rural village bases, you can buy and sell rural houses, you say that you have the right to live, the right to use, but there is no ownership.

Rural collective land and real estate in the place where the household registration is located may be purchased, and the collective land use rights of farmers shall not be assigned, transferred or leased for non-agricultural construction; For township enterprises that conform to the plan and have obtained the right to use construction land in accordance with the law, if the land use right must be transferred due to bankruptcy or merger, it shall go through the examination and approval procedures in strict accordance with the law. Farmers' dwellings shall not be given to urban residents, nor shall urban residents be allowed to occupy peasant collective land to build dwellings, and relevant departments shall not issue land use certificates and real estate certificates to illegally built and purchased dwellings. It is necessary to conscientiously sort out the situation of turning peasant collective land into construction land without examination and approval.

Those that do not conform to the overall land use plan shall be restored to agricultural use within a time limit and returned to the original peasant collective land contractor; If it conforms to the general prudent wheel plan of land use, it must go through the land use procedures again in accordance with the law.

I. With regard to the issue of how to deal with the transfer of houses on rural homesteads, there are usually the following situations in trial practice:

1. If it is ascertained that there is no fraud or obvious unfairness in the transfer of rural houses between members of rural collective economic organizations, the housing transfer contract shall be deemed to be valid and the litigation request of the parties for a refund shall be rejected.

2. If the house is given to a person other than the collective economic organization, if the approval of the relevant organization and department is obtained, the contract may be deemed valid, and the judgment shall reject the litigation claim of the parties requesting confirmation of the invalidity of the contract.

3. If the house is given to a person outside the township (town), without the approval of the relevant organizations and departments, if the contract has not been actually performed or the buyer has not actually lived in and used the house, the contract shall be invalid, and both parties shall return the house and the purchase price.

4. If the contract has been actually fulfilled and the buyer has actually lived and used the house, it should be based on the principle of respecting the status quo and maintaining stability, based on mediation, and recognize the buyer's right to continue to occupy, live and use the house.

5. If the house is given to a person other than the collective economic organization, without the approval of the relevant organizations and departments, if the contract has been actually performed and the buyer has actually lived in and used the house, if the contract is deemed invalid.